[HISTORY: Adopted by the Township Council of the Township of Evesham
7-5-1972 by Ord. No. 12-7-1972. Amendments noted where applicable.]
[Amended 5-7-1974 by Ord.
No. 17-5-74; 2-4-1975 by Ord.
No. 9-2-75; 11-1-1977 by Ord.
No. 40-11-77; 11-12-2003 by Ord.
No. 24-11-2003]
A.
License required. It shall be unlawful for any person
or any body corporate to conduct a retail food establishment, as defined in
and governed by Chapter 12, Construction, Operation and Maintenance of Retail
Food Establishments, of the State Sanitary Code, without first having procured
a license from the local Board of Health, so to do, or without complying with
any or all of the provisions concerning the operation and maintenance of the
same as contained in said Chapter 12 of the State Sanitary Code. This license
shall be renewed annually, on February 1 of each year.
B.
Food manager training.
(1)
Every retail food establishment shall be required to
have at least one food manager, with food sanitation and safety training,
to supervise food preparation on the premises. Food establishments that do
not have any on-site preparation of potentially hazardous foods are exempt
from this requirement.
(2)
Upon request, the owner/manager of a retail food establishment
shall provide to the local Board of Health satisfactory proof they have taken
an approved course in food sanitation and safety. It shall be the responsibility
of the Burlington County Health Department to enforce this section of the
Code.
(3)
If a facility does not meet the requirements of this
section, the Board can grant a temporary waiver of six months provided immediate
action is taken to insure compliance with this section.
(4)
The training course must be a minimum of eight hours
and must be approved by the Burlington County Health Department. The following
are also acceptable: a course in food safety and sanitation approved by the
New Jersey Department of Health and Senior Services or a current valid food
manager's certification issued by the Educational Testing Service.
(5)
Food managers shall satisfactorily complete a refresher
course approved by the Board in food safety and sanitation every three years.
(6)
The food manager certification shall be prominently posted
on the premises.
[Amended 2-4-1975 by Ord.
No. 8-2-75; 11-1-1977 by Ord.
No. 40-11-77]
The fees for the licensure of retail food establishments are as set forth in Chapter 72, Fees, of this Code.
A.
Any license issued under the terms and provisions of
this chapter may be suspended or revoked by the local Board of Health of the
Township of Evesham for the violation by the licensee of any provision of
this chapter or Chapter 12, Construction, Operation and Maintenance of Retail
Food Establishments, of the State Sanitary Code, or whenever it shall appear
that the business, trade, calling, profession or occupation of the person,
firm or corporation to whom such license was issued is conducted in a disorderly
or improper manner or in violation of any law of the United States or the
State of New Jersey or any ordinance of this municipality, or that the person
or persons conducting the retail food establishment are of an unfit character
to conduct the same, or that the purpose for which the license has been issued
is being abused to the detriment of the public, or is being used for a purpose
foreign to that for which the license was issued.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
B.
A license issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing thereon
shall have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least three days
prior to the date set for such hearing. Such notice shall also contain a brief
statement of the grounds to be relied upon for revoking, canceling or suspending
such license. Notice may be given either by personal delivery thereof to the
person to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be notified
at the business address appearing upon said license. At the hearing before
the Board of Health, the person aggrieved shall have an opportunity to answer
and may thereafter be heard, and upon due consideration and deliberation by
the Board of Health, the complaint may be dismissed, or, if the governing
body concludes that the charges have been sustained and substantiated, it
may revoke, cancel or suspend the license held by the licensee.
C.
If any such license shall have been revoked, neither
the holder thereof nor any person acting for him, directly or indirectly,
shall be entitled to another license to carry on the same business within
the Township unless the application for such license shall be approved by
the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful
burden on either interstate commerce or any activity of the state or federal
government.
